National Green Tribunal
In Re News Item Published In Newspaper ... vs West Bengal Pollution Control Board on 17 July, 2023
Item No.03 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.69/2023/EZ
In Re: News item published in The Times of India
Dated 24.05.2023 titled "Another firecracker blast in
West Bengal, 3rd in a week; 2 dead"
Applicant(s)
Versus
West Bengal Pollution Control Board & Ors.
Respondent(s)
Date of hearing: 17.07.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Suo Motu,
For Respondent(s) : Mr. N. C. Bihani, Advocate (in Virtual Mode) a/w
Mr. Prithwish Basu, Advocate for R-1,
Mr. Sudip Kumar Dutta, Adv. (in Virtual Mode) for R-2&3,
Mr. Ashok Prasad, Advocate for R-4,
Ms. Amrita Pandey, Advocate for R-5, (in Virtual Mode)
ORDER
1. Affidavit dated 14.07.2023 has been filed on behalf of the Respondent No.5, Joint Chief Controller of Explosives (PESO); the same is taken on record.
2. Affidavit dated 15.07.2023 has been filed on behalf of the Respondent No.2, District Magistrate, Malda; the same is taken on record.
3. Heard the learned Counsel for the parties and perused the documents on record.
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4. Final order of the said case will be uploaded in the website by separate sheets of paper.
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B. Amit Sthalekar, JM .............................................
Dr. Arun Kumar Verma, EM
July 17, 2023,
Original Application No.69/2023/EZ
AK
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Item No.03 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE) ORIGINAL APPLICATION NO.69/2023/EZ In Re: News item published in The Times of India Dated 24.05.2023 titled "Another firecracker blast in West Bengal, 3rd in a week; 2 dead"
...Applicant(s) Versus
1. Member Secretary, West Bengal Pollution Control Board,
2. District Magistrate & Collector, Malda, (West Bengal),
3. Principal Secretary, West Bengal Disaster Management & Civil Defence Department,
4. The Member Secretary, Central Pollution Control Board,
5. Joint Chief Controller of Explosives, (PESO), Kolkata, W.B. ...Respondent(s) Date of hearing: 17.07.2023 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Suo Motu, For Respondent(s) : Mr. N. C. Bihani, Advocate (in Virtual Mode) a/w Mr. Prithwish Basu, Advocate for R-1, Mr. Sudip Kumar Dutta, Adv. (in Virtual Mode) for R-2&3, Mr. Ashok Prasad, Advocate for R-4, Ms. Amrita Pandey, Advocate for R-5, (in Virtual Mode) ORDER
1. The present Original Application arises out of a media report dated 24.05.2023 titled "Another firecracker blast in WB, 3rd in a week; 2 dead", cognizance of which was taken by the National Green Tribunal, Principal Bench, New Delhi, which was registered as Original Application No.416/2023/PB and thereafter the matter 3 was transferred in the National Green Tribunal, Eastern Zone Bench, Kolkata, and now re-numbered as Original Application No.69/2023/EZ. The notice/order of the National Green Tribunal, Principal Bench, reads as under:-
"Order taking cognizance on media report dated 24.05.2023 titled "Another firecracker blast in WB, 3rd in a week; 2 dead"
The media report shows that two persons died on account of blast in illegal firecracker stockpiled in North Bengal's Malda Town area of West Bengal on 23.05.2023. Since as per media report, the factory appears to have been operating in violation of environmental norms and the victims are required to be compensated under Section 15 of the NGT Act on the pattern of orders passed by this Tribunal inter-alia in order dated 03/03/2022 in O.A. No. 44/2021, order dated 25/06/2021 in O.A. No.134/2021, order dated 08/03/2022 in O.A. No. 143/2022, order dated 27/05/2022 in O.A. No.198/2022, order dated 12/07/2022 in O.A. No. 450/2022, order dated 13/09/2022 in O.A. No. 545/2022, order dated 16/01/2023 in O.A. No.66/2022, Suo Motu cognizance is taken. The matter may be listed before the Eastern Zone Bench, Kolkata, on 05.07.2023. Records be transferred to Eastern Zone Bench, Kolkata, for further proceedings.
Advance notice be issued to W.B.P.C.B., D.M. concerned, State Disaster Management, C.P.C.B., P.E.S.O. who may file their response, if any, before Eastern Zone Bench, Kolkata, before the next date."
2. The newspaper report published in 'Times of India' on 24.05.2023, copy of which is on record, mentions that two men have died and another gravely injured in north Bengal's Malda town on Tuesday in an explosion and fire triggered by firecrackers stockpiled illegally in the State since May 16. It is stated that a loud explosion followed 4 by leaping flames and rapid bursts of firecrackers going off engulfed a row of shops at the congested English Bazar in Malda and two men were claimed to have been killed in the blast and 13 shops burnt down.
3. Affidavit dated 14.07.2023 has been filed on behalf of the Respondent No.5, Joint Chief Controller of Explosives (PESO), Kolkata. The said affidavit only refers to the provisions of Explosives Rules, 2008, and the power of the District Magistrate to grant license to manufacture fireworks or gunpowder or both.
4. Affidavit dated 15.07.2023 has been filed on behalf of the Respondent No.2, District Magistrate, Malda, wherein it is stated that a written complaint made by SI, English Bazar Police Station against (1) Amarnath Saha @ Paltu, aged 42 years, and (2) Somnath Saha @ Babu, both S/o Late Ashok Kumar Saha of Paschim Hyderpur, Ward No.19 of English Bazar Municipality, Police Station-English Bazar, Malda, proprietor of "Ashok Kumar Saha & Sons" along with their engaged labourer, namely, (1) Ganesh Karmakar, aged 48 years, S/o Sitesh Karmakar of Bagbari, Bahannabigh, P.S.-English Bazar, Malda and (2) Raju Rishi @ Manglu, aged 48 years, S/o Shyam Rishi of Ramchandrapur, Dilalpur, P.S.-English Bazar, Malda, and others were unloading tin made containers containing Calcium Carbide from an unidentified vehicle and kept those in the shop of the above named two brothers.
5. It is stated that during the process of unloading of Calcium Carbide at about 06:45 hours, fire suddenly broke out in that shop in which some quantity of firecrackers was also kept. Ganesh Karmakar and Raju Rishi @ Manglu, who were engaged in 5 unloading, received injuries while other labourers, two owner brothers and the vehicle driver fled away from that place. On receiving information, Fire Brigade, Police, Civil Defence and Disaster Management Group reached the place to extinguish the fire and it was finally extinguished.
6. It is stated that due to this fire, Ganesh Karmakar and Raju Rishi @ Manglu succumbed to their injuries and in the English Bazar Police Station UD Case No.360/23 dated 23.05.2023 and 359/23 dated 23.05.2023 under Section 174 CrPC has been lodged. Approx 9/10 shops including Grocery Shop, Jewellery Shop, Stationary Shop, Spice (Jeera) Store Room, Cosmetic Shop, Biscuit Shop, Firecrackers Shop and Carbide Shop were severely damaged due to fire.
7. It is stated that due to possession of huge quantities of Calcium Carbide in the market place, possibly beyond permissible quantities, the fire broke out causing severe burn injuries followed by death of two persons, injury to local people and damage to large number of properties in and around the Netaji Commercial Market.
8. In the affidavit, it is also stated that during investigation, the Investigating Officer (IO), SI Satyabrata Bhattacharya, visited the site and prepared a sketch map of the area along with its index, examined the available witnesses as well as recorded their statements under Section 161 Cr.PC. One Amarnath Saha @ Paltu, aged 42 years, S/o Late Ashok Kumar Saha of Paschim Hyderpur, Ward No.19, English Bazar Municipality, P.S.-English Bazar, Malda, was arrested on 23.05.2023 and produced before the Ld. Court, Malda. IO has also seized 50 carbide tin containers and 6 trade license of the accused persons. Forensic Science Laboratory (FSL) team also visited the site and collected samples.
9. In the affidavit, it is further stated that during remand period of the accused, IO also recovered and seized five old and used nylon sacks loaded with 125 packets of fire crackers and sound crackers of different types and different companies weighing approx. 200 kilograms from the shop styled as 'Ashok Kr. Saha & Sons' from Netaji Market under proper seizure list and another specific case, namely, English Bazar PS Case No.831/2023 dated 26.05.2023 under Section 188/285/109 IPC and 24/26 of the Fire Service Act, 1950, was initiated.
10. It is also stated that during the course of investigation, Somnath Saha @ Babu, S/o Ashok Saha of Paschim Haiderpur, PS-English Bazar, District-Malda was also arrested. Later on, compensation of Rs. 2,00,000/- (Rupees Two Lakhs only) was granted to the family of both the deceased persons.
11. We, however, find that in similar cases of firecracker blasts decided by this Tribunal, being O.A. No. 58/2023, the State Government of West Bengal has paid Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand only) each on account of unnatural/accidental death, and, therefore, the same amount should be paid to the next of kin of the deceased @ Rs. 2,50,000/- Rupees Two Lakhs Fifty Thousand only) against each dead person.
12. In this view of the matter, nothing further survives for consideration in the present Original Application. We accordingly dispose of the present Original Application No.69/2023/EZ with a direction that the compensation paid shall be without prejudice to any claim for further compensation before any other forum which 7 may be made by the legal heirs of the deceased persons under any other law for the time being in force.
13. There shall be no order as to costs.
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B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM July 17, 2023, Original Application No.69/2023/EZ AK 8